GTC
TABLE OF CONTENTS
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Scope
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Conclusion of contract
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Prices and payment terms
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Delivery and shipping conditions
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Liability for defects
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Redemption of promotional vouchers
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Redemption of gift vouchers
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Applicable law, place of jurisdiction
1) SCOPE
1.1 These terms and conditions of LURIQS Rufer (hereinafter referred to as "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. An entrepreneur within the meaning of these general terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering his personal data, the customer submits a legally binding contract offer in relation to the goods and/or services contained in the shopping cart by clicking the button that completes the order process.
2.3 The seller can accept the customer's offer within five days,
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by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
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by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
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by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that completes the ordering process. In this case, the seller hereby declares, in deviation from section 2.3, that he accepts the customer's offer at the time at which the customer initiates the payment process by clicking the button that completes the ordering process.
2.5 The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer.
2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending his order together with these terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.7 Before bindingly submitting the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 The German language is available for concluding the contract.
2.9 Order processing and contact are carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) PRICES AND PAYMENT CONDITIONS
3.1 The prices stated by the seller include statutory VAT and other price components. Any additional delivery and shipping costs are stated separately in the respective product description.
3.2 The customer has various payment options available, which are stated in the seller's online shop.
3.3 If advance payment is agreed, payment is due immediately after the contract is concluded.
3.4 If the payment method "PayPal" is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal terms of use, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer opens a PayPal account or already has such an account.
3.5 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the payment options Sofortüberweisung. Payment is always made to Klarna. Further information and Klarna's terms of use can be found here: https://www.klarna.com/ch/agb/
4) DELIVERY AND SHIPPING CONDITIONS
4.1 Goods are usually delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address provided in the seller's order processing is decisive. In deviation from this, if the PayPal payment method is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.
4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.
4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are handed over for shipping or when they are handed over to the commissioned transport person.
4.4 Self-collection is not possible for logistical reasons.
5) LIABILITY FOR DEFECTS
The statutory liability for defects applies.
6) REDEMPTION OF PROMOTIONAL VOUCHERS
6.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
6.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.
6.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
6.4 Only one promotional voucher can be redeemed per order.
6.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
6.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
6.7 The balance of a promotional voucher will not be paid out in cash or accrue interest.
6.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his contractual right of withdrawal, provided that such a right has been agreed.
6.9 The promotional voucher is transferable. The seller can make a payment to the respective holder who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.
7) REDEMPTION OF GIFT VOUCHERS
7.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
7.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
7.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
7.4 Only one gift voucher can be redeemed per order.
7.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
7.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
7.7 The balance of a gift voucher will not be paid out in cash or accrue interest.
7.8 The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.
8) APPLICABLE LAW, JURISDICTION
8.1 If the customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of residence.
8.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of residence or business.